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ABOUT MARRIAGE AGREEMENT
The property regime can be defined as the set of rules regulating the rights and obligations of the spouses on the assets they have before and/or during the establishment of the marriage union, and the disposition on these values when the marriage ends.- To appoint a voluntary representative; By giving a power of attorney to a person or hiring a lawyer, a property regime agreement cannot be concluded by proxy/representation. The legal representative of the minor or the disabled person cannot sign such a contract on their behalf and on their behalf.
- The property regime contract can be made in the form of a notary arrangement or approval before or after marriage.
- It is also possible to make a written notification to the official about which property regime has been chosen during the marriage application.
- The goods regime contract must be concluded before the regime ends.
The property regime can be defined as the set of rules regulating the rights and obligations of the spouses on the assets they have before and/or during the establishment of the marriage union, and the disposition on these values when the marriage ends.
Circumstances in which the Property Regime Ends
-In case of death of one of the spouses
-In case the spouses choose a different property regime
-In case of divorce or annulment of marriage
-In case the judge decides to proceed to the separation of property
- The form condition accepted for the goods regime contract is the validity condition. If a certain form does not take place, the legal action taken in this regard will not have any legal consequences. The fact that the spouses have not had a dispute on this issue does not change the result either.
- Engaged people, that is, those who are preparing to get married, have to apply to the marriage office and submit some documents in order to get married. During this process, it is possible for the prospective spouses to submit the written document they have prepared (selecting the property regime) to the marriage officer. They can make this contract valid for post-marriage.
- The marriage officer does not have the authority to make, issue and approve property regime contracts, like notary publics. The marriage officer should only receive the written document (which property regime has been chosen). This document must be signed by the prospective spouses and, if necessary, by their legal representatives.
- Fiancees can not only sign and present the property regime (type contract) they have chosen in accordance with the law, but also may notify in writing which property regime they have chosen, without writing down only the articles of the contract.
- Since the form condition is a condition of validity in the property regime contract, if the letter written to the marriage officer or even to the civil servant could not be given to the civil servant for any reason, this document is not a valid document for the selected property regime after the marriage.
- The authority to conclude property regime contracts is actually given to notaries. Marriage officers are only authorized to receive and accept the written statement.
- In other words, engaged or married people, regardless of their residence, can make a property regime contract at the notary public’s office.
- Since consulates abroad are authorized to provide notary services, spouses can request such a service at the consulate there when they are abroad.
- Article 205 of the TMK stipulates that the contract (to be signed by the parties) is regulated. To appoint a voluntary representative; By giving a power of attorney to a person or hiring a lawyer, a property regime agreement cannot be concluded by proxy/representation.
- What is the main type accepted by the legislator for the property regime chosen by the spouses; In which case and what legal consequences will arise, it is shown separately in each property regime section. For this reason, there is no need for the spouses to repeat each and every matter depending on the property regime they have chosen separately in the contract. In this situation, it is possible for the spouses to specify which property regime will be valid between them in the contract they have made, as the title, and to conclude a contract without explaining each subject separately in the contract regarding the situations specified in the legal regulation.
DIFFERENT AGREEMENTS THAT MAY BE APPLICABLE TO ALL GOODS REGIME CONTRACTS
DIFFERENT AGREEMENTS THAT MAY BE APPLICABLE TO ALL GOODS REGIME CONTRACTS- Spouses may accept that the property regime agreement they will make between them will be valid for a certain period of time. At the beginning of the marriage, a contract for the regime of participation in acquired property was made or if this regime became operational as a legal regime because no determination was made; they can agree that one of the selected property regimes will be valid for a certain period of time, with a contract they will make later.
- If the spouses have not determined which property regime will become valid at the end of the period they have determined, then the legal property regime (participation in the acquired property regime) comes into play.
- If, at the end of the period they have determined, they determine the name of any commodity regime they have chosen and wish to be valid, or if they make a special arrangement regarding it, that regime becomes operational.
- Likewise, spouses can determine which property regime can be valid between which dates with the property regime contract or amendment they will make for the first time. This is called in practice (progressive contract). Thus, the spouses determine which property regime contract will be applied, one after the other, with their free will.
- There is no obstacle to concluding a conditional contract within the provisions of the goods regime or any other legal regulation. On the other hand, it is not possible to make contingent contracts regarding the transfer of immovable property. In the title deed, a contract such as ( … the owner of this immovable will be … the buyer … when the following conditions are met) cannot be made. (Land Registry Statute 11 art.)
- In the regime of participation in acquired goods, it is essential to protect the qualities of the goods.
- For this reason, any personal property acquired through a contract between the spouses; they cannot turn a property that is acquired property into personal property. However, the limitation on this is clearly stated in the law. With Article 221 of the TMK, some goods and incomes are accepted as personal property, although they must be acquired property. As long as the spouses have agreed on this matter and arranged this issue with a contract.
- Thus, the legislator has accepted that for a limited number of goods and income, they are personal property even though they should be acquired property. Since this situation reduces the amount of acquired goods and reduces the participation receivable of the non-owner spouse, these kinds of contracts are known as contracts that increase personal property.
- The spouse, who provides the family’s financial means by practicing a profession or by operating in business, can do this only by bringing together certain goods while doing these. The lawyer’s library, computer system; The taxi purchased by the husband, who acts as a taxi driver, for the transportation business, and the license plate allocated to his taxi; utensils, refrigerators owned by the restaurateur; Goods such as the tools and equipment of the factory operator are the assets that are specific to a profession or business, useful for it, and with which work can be done. Protection of the integrity of the assets specified in Switzerland; The convenience to be created will enable the husband and wife to work more comfortably, since they do not disperse in the event of divorce, and the survivor of death can continue to work without difficulty.
- Thus, these specific goods may have been procured from the assets that are EM or KM in order to carry out these works after the marriage. If these goods have already been purchased with the money that is KM, since the good that replaces KM will also be KM; It is out of question that the goods that are in the subject of evaluation can be used from the aforementioned provision.
- If the goods allocated to the practice of the profession are purchased with EM money, then; While the goods allocated to the profession by contract are EM, they become KM. Here, the provision of the law will find application in terms of this kind of goods. Thus, the goods allocated to the execution of the profession and the activities of the enterprise, as KM, are out of liquidation when EMKR ends. The spouse who is not the owner can only be entitled to these properties due to inheritance. No claim can be made to participate in these, on the grounds that it is procured from the acquired property. Because, the property has become KM with the special agreement between the spouses.
- In case of death, if the professional spouse survives; The goods counted as specified KM maintain their legal status. If the professional spouse dies, his heirs can make more extensive use of this property as heirs, without having to pay the right to participate separately to the surviving spouse.
- In similar cases; Since the surviving spouse does not have the right to participate in these properties, less economic share falls to him or her due to this asset.
- While this legal regulation was being made, the source law provision was translated in a way that is suitable for broad interpretation. For this reason, the translation has been made in a way that allows the work of the professional and the income of the owner of the business to become KM in this way. However, the purpose of the legal provision is to protect the integrity of the goods necessary for the performance of the profession or the activity of the enterprise. It should not be out of question to protect the lawyer’s wage income and the taxi driver’s money earned by working. Otherwise, the rule of law that the asset obtained by labor is EM will be violated.
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